Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
“In former times the necessity of Baptism to new born infants was so
rigorously taught, that for this reason they allowed lay people and even
women, to baptize the declining child, where a priest could not be
immediately found; so fondly superstitious in this matter, that in hard
labours the head of the infant was sometimes baptized before the whole
delivery; this office of baptizing in such cases of necessity was
commonly performed by the midwife; and tis very probable, this gave
first occasion to midwives being licensed by the bishop, because they
were to be first examined by the bishop or his delegated officer,
whether they could repeat the form of baptism which they were in haste
to administer upon such extraordinary occasions. But we thank God our
times are reformed in sense and in religion.” (_Watson’s Cler. Law, c._
31, _p._ 318.) The concluding sentence appears to be somewhat ill
placed, for a few lines before the reverend author says, “And _Note_,
that a child baptized with water in the name of the Father and of the
Son, and of the Holy Ghost, is sufficiently baptized, although not
baptized by a lawful priest, as may be collected from the Rubrick; and
so it is if the child be baptized by other form, yet the person
baptizing not being a lawful priest is punishable, like as a lawful
priest baptizing by other form than is set down by the Book of Common
Prayer is punishable;” and a few lines after, he says, that a Clergyman
“ought not to bury the corps of any person dying unbaptized:” surely if
the baptism of a child by a lay person is good, and the body cannot have
Christian Burial without it, there is nothing senseless or irreligious,
and we will venture to add nothing morally or legally wrong, in the
performance of this provisional ceremony. If there were no other object
than to satisfy the anxiety of the mother at a moment when the calmness
of her feelings is vitally important, it ought not to be omitted
whenever the danger of the child and the absence of a priest appear to
render it necessary.
_Burn_ says, “By several constitutions, the minister was required
frequently to instruct the people, in the form of words to be used in
such cases of necessity,” (2 _Burn’s Ecc. Law_, p. 469,) and the oath
administered by the bishops to licensed midwives, (_See Appx._ 160,)
though, it does not command, implies that baptism may be administered by
other than a priest. “You shall not be privy, or consent that any priest
or _other_ party shall in your absence or in your company, or of your
knowledge or sufferance baptize any child by any mass, latin service or
prayers, than such as are appointed by the laws of the Church of
England:” here the prohibition is to the form not the person.
Public-domain text, read in full here on John Shaqi.
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